Part 3—Requirements relating to sending sender identification messages

15 Requirement on telecommunication providers

A telecommunications provider that is not a participating telecommunications provider must not send, transit or terminate a sender identification message. A telecommunications provider that is not a participating telecommunications provider must not misrepresent itself as a participating telecommunications provider (including as a certified telecommunications provider).

16 Requirements on originating telecommunications providers

This section applies to a participating telecommunications provider that is an originating telecommunications provider.

Requirements prior to sending sender identification messages

Before enabling a customer’s account to send a sender identification message on behalf of an entity, the provider must check if the sender identification included in the message is registered in the Register for that entity. If the sender identification included in the message is not registered in the Register for that entity – the provider must disrupt the message.

Note: If a provider has disrupted a sender identification message under subsection (3), the provider can send the message that has been disrupted.

If the sender identification included in the sender identification message is registered in the Register for the entity, the provider must confirm:

that it is authorised by the entity to send messages that include that sender identification; and that the person who has requested the provider to enable the customer’s account to send a sender identification message is authorised by the entity.

Note: Messages containing a sender identification can be sent by more than one participating telecommunications provider, if the other providers have been authorised by the entity.

The provider must not enable the customer’s account to send a sender identification message that includes the sender identification that is registered in the Register unless the provider has confirmed the matters mentioned in subsection (4). If the provider receives notification from the ACMA that the provider is no longer authorised to send messages that include a sender identification for an entity, the provider must disable the customer account for the sender identification and cease sending any messages for that entity that include that sender identification immediately.

Note: The provider may receive notification from the ACMA if the entity has revoked the provider’s authorisation to send messages that include the sender identification or if the sender identification is no longer registered in the Register.

The provider must ensure that access to an account that has been enabled for an entity to send a sender identification message can only be accessed by authorised representatives of that entity.

Requirements relating to sending sender identification messages

Subject to subsection (9), the provider must not send a sender identification message to a telecommunications provider that is not a participating telecommunications provider. A provider that receives a sender identification message from its EMSP partner or its international partner, as relevant, may send the message to a participating telecommunications provider that is:

a transiting telecommunications provider; or a terminating telecommunications provider.

A provider that is also a terminating telecommunications provider, that receives a sender identification message from its EMSP partner or its international partner, as relevant, may terminate the message.

17 Requirements on transiting telecommunications providers

This section applies to a participating telecommunications provider that is a transiting telecommunications provider. Subject to subsections (3) and (4), the provider must not transit a sender identification message unless:

the telecommunications provider sending the message; and the telecommunications provider to which the provider transits the message

are participating telecommunications providers.

Subsection (2) does not apply where a sender identification message is sent to a mobile number that is connected with a carriage service that is an international mobile roaming service.

Note: For example, subsection (3) will apply where an individual, with a mobile number that was issued in Australia, is using an international mobile roaming service. The transiting provider in this scenario will be the Australian mobile network operator of the network that the international roaming customer’s service is connected to when in Australia. Messages from an international telecommunications service provider

Despite subsection (2), if a sender identification message is received by the provider from an international telecommunications service provider – the provider is permitted to transit the message if the provider has disrupted the message.

18 Requirements on terminating telecommunications providers

This section applies to a participating telecommunications provider that is a terminating telecommunications provider. Subject to subsection 16(10) and subsection (7), the provider must not terminate a sender identification message unless the message is received from a participating telecommunications provider. Before terminating the message, the provider must confirm, by checking the register data, that the sender identification included in the message is registered in the Register. Subject to subsection (6), if the sender identification included in the message is not registered in the Register, the provider must disrupt the message. For the purposes of subsection (3), checking the register data means that the terminating telecommunications provider must have checked against the register data no more than 24 hours before terminating the sender identification message. A provider is not required to disrupt the message under subsection (4) if the sender identification included in the message is “Unverified”.

Messages from an international telecommunications service provider

Despite subsection (2), if the message is received by the provider from an international telecommunications service provider – the provider is permitted to terminate the message if the provider has disrupted the message.